The former Taoiseach, Mr Charles Haughey, is being prosecuted for obstructing and hindering the work of the McCracken Tribunal.
Mr Haughey received two summonses at his home in Kinsealy, Co Dublin, on Tuesday ordering him to appear before the District Court next week to answer the complaints.
Gardai acting on behalf of the Director of Public Prosecutions, Mr Eamonn Barnes, served the summonses on Mr Haughey directing ail leader him to appear before District Court No 52 next Thursday, July 30th. Mr Haughey was not available at his home for comment last night.
The summonses have been served under Section 1(2) of the Tribunals of Inquiry (Evidence) Act 1921, as amended by the Tribunals of Inquiry (Evidence) (Amendment) Act 1979. The legislation provides that if a person "by act or omission, obstructs or hinders the tribunal in the performance of its functions . . . the person shall be guilty of an offence." On conviction there are two categories of penalty: one is a fine not exceeding £500 and/or up to a year in prison, and the second is a fine not exceeding £10,000 and/or up to two years in prison.
The summonses relate to a letter dated March 7th, 1997, sent by Mr Haughey to the McCracken Tribunal denying the receipt of any monies from Mr Ben Dunne; and his assertion, in a written statement to the tribunal on July 7th, 1997, that he did not receive three bank drafts totalling £210,000 from Mr Dunne.
Mr Haughey then admitted on July 9th that he had received £1.3 million from Mr Dunne. And on July 15th Mr Haughey further accepted Mr Dunne's evidence that he must have handed him £210,000 in three bank drafts at Kinsealy in November 1991.
The question of prosecuting Mr Haughey was raised by Mr Justice Brian McCracken, in his report last August on the findings of the Dunnes Stores Payments Tribunal.
He found the attitude of Mr Haughey towards the tribunal had been such "as might amount to an offence under Section 1(2)" of the Act. "All relevant papers will be sent to the Director of Public Prosecutions for his consideration and decision as to whether Mr Charles Haughey should be prosecuted under this section", Mr Justice McCracken stated.
The whole of Chapter 10 of the McCracken report detailed the former Taoiseach's dealings with the tribunal and is entitled "Offence by Mr Charles Haughey."
Mr Justice McCracken, concluding that chapter, said it was not for the tribunal to determine whether Mr Haughey should be prosecuted. "However, the tribunal considers that the circumstances warrant the papers in the matter being sent to the DPP for his consideration as to whether there ought to be a prosecution, and the tribunal intends to do so."
The delay in any action being taken on foot of the McCracken report was raised by the Labour leader, Mr Quinn, in questions to the Taoiseach, Mr Ahern, at the beginning of this month.
Mr Quinn called on the Taoiseach to request the Attorney General to contact the DPP to ascertain why, after a period of more than 10 months, Mr Eamonn Barnes had not initiated any action following the referral to him of the McCracken report.
The prosecution of the former Taoiseach comes at a time when the Supreme Court is considering the constitutionality of the Tribunals of Inquiry Acts. Mr Haughey and members of his family have appealed a High Court decision about the right of the Moriarty tribunal to investigate their financial affairs.
